Compensation for delayed flights Discussion Area

LBD

Jonathan7766 wrote: »

Hi All,
We were delayed for approx 26 hours with Thomas Cook back in October last year on a flights from Dalaman to Belfast.

Will we be entitled to claim for this under the new ruling? Is Dalman classed as EU?

Thanks

Sadly this is the Monarch thread, have no experience of Thomas Cook, perhaps looking in their thread might give you more information relevant to your company :beer:

Mark2spark

LBD wrote: »

I know unbelievable!!!!.......if that is the reaction to the post, then why should anyone respond and answer the question!!

I know I have asked some daft ? myself, but i do keep re-reading the FQA's...

with regards the ZB3566 of Oct, odd how only 2 posts and claims to have been paid!!!! never any further postings after that... so can we really be sure?... :A

It's an open forum so we can only take things at face value. There's a poster on FB - Malcolm Hillier - that also claims to have received compo, so maybe it's the same person? I did pm him.
Send them a pm LBD

Mark2spark

LBD wrote: »

Sadly this is the Monarch thread, have no experience of Thomas Cook, perhaps looking in their thread might give you more information relevant to your company :beer:

Errr..... actually.... this is the open thread for non specific airline questions :rotfl:

But there's so many now my head spins :doh:

Billericaymassive

Seen a lot of discussions on here and it appears that the CAA has no real teeth to make the airlines cough up.
I think someone on here suggested a 14 day notice to inform the airline that we will be taking legal action. If this is a viable option is there a template for this letter and if we were to take legal action against the airline as they are claiming 'extraordinary circumstances' via MCOL - or is there another way?

Mark2spark

Billericaymassive wrote: »

Seen a lot of discussions on here and it appears that the CAA has no real teeth to make the airlines cough up.
I think someone on here suggested a 14 day notice to inform the airline that we will be taking legal action. If this is a viable option is there a template for this letter and if we were to take legal action against the airline as they are claiming 'extraordinary circumstances' via MCOL - or is there another way?

The FAQ post a whole 6 posts above your's provides links to templates and 'another way' to file a court claim.

Bradders20

I've been advised by several people on here to go with the European Small claims procedure based on the reply from Wizz Air I have been given below.

It was mentioned that I may have to get documents translated also.

Can I ask, do you think it's worth going through with this? How much will it cost me personally to attempt this? And do you think I have a good chance of getting something back?

I just don't want to launch legal action that leaves me massively out of pocket. There were 5 of us in the booking, and we could split the costs 5 ways it may be ok, but I wanted to get a vague idea of costs before I propose this.

Thanks

Bradders20 wrote: »

Hi all

I was delayed but over 3 hours on a booking for 5 people in December last year. I used the templates and wrote to the airline via their website (with a claim of 1250 Euros) and received this response:

Thank you for contacting our Customer Relations Department. Please accept our sincere apology for the inconvenience caused by the long delay of your flight.

With regards to your claim we would like to draw your attention that the flight W6 2901 on December 18, 2012 was delayed due to an unexpected technical problem (failure of the blue hydraulic system) that needed immediate attention in order not to jeopardize the safety of the flight.

Please consider that Wizz Air as operating air carrier shall not be obliged to pay compensation, if cancellation or long delay is caused by extraordinary circumstances according to Art. 5. par. (3) of Regulation (EC) No 261/2004 of the European Parliament and of the council establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

Originally Art.5. par. (3) of the Regulation applies to flight cancellations but the European Court of Justice in its judgments concerning compensations for long delays of flights extended the application of Art.5. par. (3), stating that the airline shall not pay compensation for long delays, if the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

We would like to inform you that according to the operative EC regulation and our General Conditions of Carriage, in case of a flight delay we are willing to reimburse your expenses occured directly due to the delay such as meals, refreshments and two brief telephone calls can be reimbursed in reasonable relation to the waiting time upon reception of supplementing invoices.

As for the additional expenses, we kindly ask you to forward all related invoices, as an attachment to your reply, so that we can determine a possible compensation and please send us the further information:

- IBAN

- swift code

- full name of the bank

- account holder's name

- account currency.

In conclusion, we maintain that the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of Wizz Air.

Again, please accept our deepest apologies for the inconvenience and disappointment caused. Thank you for your time and consideration.

Best regards,

Anita Ol!h
Customer Relations Department


Any advice on how to proceed from here, please?

Thanks
Brad

FunkieMunkie

Hi People's, Is a fuel leak 'extraordinary circumstances' with regard to delayed flights?

TIA

FM

williamro

FunkieMunkie wrote: »

Hi People's, Is a fuel leak 'extraordinary circumstances' with regard to delayed flights?

TIA

FM

Not extraordinary circumstances.

Mark2spark

FunkieMunkie wrote: »

Hi People's, Is a fuel leak 'extraordinary circumstances' with regard to delayed flights?

TIA

FM

Maybe, if a terrorist's bomb caused it.
The tech issue has to stem from an EC that is beyond the airlines control.

FunkieMunkie

We understand you are requesting compensation under Regulation (EC) No 261/2004 of the European Parliament and of the Council “EU Regulations”. However, we are of the opinion that the compensation requested does not apply in this situation. This was not a flight cancellation but a flight delay. In any event, the circumstances were extraordinary which could not have been avoided even if all reasonable measure had been taken. Indeed, the aircraft scheduled to operate your flight from London to ****** was delayed due to a fuel leak. As such, the aircraft couldn't operate safely. This unexpected flight safety shortcoming was not something that could be foreseen and ******** had no choice but to delay this flight since it has no other aircraft available to operate it at the scheduled time of departure.


Snotty or what?